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New Jersey Prompt Payment Act Supports Recovery of Fees that Exceed Contract Balance Due

A subcontractor owed $30,500, who had to jump through multiple hoops to recover its money, was entitled to recover legal fees and costs exceeding the contract balance due. JHC Industrial Services, a second-tier sub, performed demolition work for Cent… Read More
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Complaint Dismissed for Failure to Mediate First

“Mandatory mediation” may seem an oxymoron, since mediation is a process whereby parties seek to resolve their dispute in an elective process. But a federal court judge has held that a contract clause mandating mediation prior to litigation is to… Read More
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Reckless Misclassification under Davis-Bacon Creates False Claims Act Liability

A US Court of Appeal has held that “reckless misclassification” of workers under Davis-Bacon can – due to amendments of the False Claims Act (FCA) in 2009 – can result in a contractor being liable under the FCA. And this liability could cover… Read More
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No Agreement to Arbitrate Arose from Browsewrap Agreement

Courts have enforced arbitration agreements arising from clickwrap agreements, even when the user has not bothered to read the fine print. A recent New Jersey appellate court has held, though, that mere reference to terms and conditions (including a… Read More
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Notice by Email Was Sufficient for Miller Act Bond Claim

We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Li… Read More
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Arbitration Demand Timely Despite Complicated Backdrop

Consider the project vendor situation: August 2010 – project complete August 2011 – warranty expires (but is extended by the vendor for a few more months) Throughout 2012 – continued problems with the equipment July 2013 – parties sign to… Read More
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Performance Bond Surety Not Liable if Underlying Contract Was Not Terminated

A modular construction subcontractor provided a performance bond to the prime contractor in the AIA form A312-2010. The GC later claimed that the modular sub failed to properly perform its work, including “that more than 260 windows were leaking an… Read More
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Statute of Repose Bars Claim for Implied Warranty of Habitability

The Rhode Island Supreme Court has held that the statute of repose applies to a claim for breach of the implied warranty of habitability. Homeowners bought a house directly from they builder in 1997. In 2012, the homeowners discovered water infiltrat… Read More
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Prompt Pay Law Enforced Against Non-Paying Project Owner

A Massachusetts court has entered summary judgment against a project owner who failed to follow the terms of the prompt payment act. Judgment has been issued in the amount of $4,600,109, for payment shortages or non-payment on seven requisitions. Jud… Read More
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Statute of Repose on Multi-Building Project Applies to Each Building When Completed

The Massachusetts Supreme Judicial Court has held that the statute of repose on a multi-building, multi-phase project commences on a building by building basis. Thus, a condominium association filing suit after completion of 28 buildings has been tol… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.

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